Mediations can avoid court proceedings
Many Mediations are held before any legal proceedings are commenced, and if they are successful in reaching a solution, can be seen as an alternative to court action.
If a Mediation fails to achieve a solution the parties can still take the case to court and let a Judge settle the issues for them.
Mediations can help settle court proceedings
Mediations are increasingly held during court proceedings in an attempt to settle the case without it having to be heard in court, and without a judge having to make a decision for you.
In our experience most of our cases settle at Mediation. Despite this fact, it is usually necessary for us to at least commence the legal action, as usually Estates are not prepared to make acceptable offers to Claimants, unless the Claimant shows that they are serious, by issuing their claim in court.
After that, the Estate can be very keen to settle, even if it is only to avoid legal fees!
Select a mediator
In order to hold a Mediation you and your lawyers need to appoint a Mediator, and make a time and place to suit all involved.
It is important to select a Mediator who is an expert in the Inheritance and Will Dispute area: someone who can understand the differences between both sides and who can use his experience to guide both sides to reach a solution.